eighty millions of people actually accomplish this stupendous and inspiring task of selecting one of themselves as their ruler may best be told when we come to speak of party organization (p. 227).

X The Powers and Duties of the President. The members of the Convention were distrustful of executive power and were disposed to clothe the new President with only so much authority as was absolutely necessary. Nevertheless, they probably gave him fully as much power as an executive ought to have. They made him commander-inchief of the military forces (92); they gave him the power of pardoning offenses against the government of the United States (94); they conferred upon him jointly with the Senate the treaty-making power (95) and the power of appointing foreign ministers, consuls, judges of the Supreme Court and many other federal officers (96); they imposed upon him the function of receiving foreign ambassadors and representatives of foreign governments (101); they gave him authority to lay before Congress at the beginning of a session a message setting forth the condition of public affairs and recommending measures for legislation (100); they gave him power to convene Congress in extraordinary session and to adjourn Congress when the two Houses cannot agree as to the matter of adjournment (101); they gave him the veto power (38).

The highest and the chief duty of the President is "to take care that the laws be faithfully executed" (102). This is a purely executive duty and one that the President cannot escape. A law may be distasteful to the President, he may regard it as hurtful or unconstitutional, yet as long as it is law he must enforce it. "As the citizen may not elect what laws he will obey neither may the executive elect which he will enforce." Should the President wantonly refuse to execute a law he would be removable by the process of impeachment.

The President's Share in Law-making. While the President is bound to carry out laws that have been made whether he is in sympathy with them or not, he at the same time may do much to prevent the enactment of laws obnoxious to himself and much to secure the enactment of favorite measures. His power of prevention lies in the veto. How great this power is may be seen by a simple calculation. A bill may pass in the present House of 386 members by a vote of 194 to 192, and in the Senate by a vote of 46 to 44. Now if the President should veto the bill it would require 64 more votes in the House and 14 more in the Senate (40) to pass the measure over his veto. The legislative weight of the President, therefore, is nearly one sixth as great as that of Congress itself.

In theory the veto is placed in the hands of the President solely as a weapon for defending the Constitution and the executive department against the encroachments of the legislature; it is not placed there for the purpose of making the President a law-maker. Early Presidents acted upon this theory, but Andrew Jackson set the example of using the veto power to prevent the passage of any measure to which he was opposed; he exercised his independent judgment on every bill which Congress sent to him and vetoed all bills to which he objected, whether his objection rested upon constitutional reasons or upon partizan or personal reasons. In other words, Jackson assumed to share with Congress responsibility for legislation, and his successors in the Presidency have not hesitated to use the veto as a real legislative engine. Taking it all in all, however, Presidents have not abused the veto power, and no President is likely to abuse it while Congress is faithful to the Constitution and to the interests of the nation.

The President's share in law-making does not end with the negative power of the veto; he possesses several legislative powers of a positive nature. In making the laws known as treaties (p. 260) he takes the initiative and is

coördinate with the Senate.2 By convening Congress in extra session he can present to that body subjects for its exclusive consideration. In annual and special messages he can give his views in respect to needed legislation, and through his influence as a party leader and as a distributor of patronage he can often cause Congress to follow the suggestions contained in his messages.

Besides his constitutional means of reaching Congress the President has another convenient method of approaching that body He may, through the secretaries of executive departments, communicate with the committees of Congress and cause them to consider measures in which he is interested. A secretary of the President may not appear on the floor of either House as the advocate of a measure, but he may appear in a committee-room and act as the mouthpiece of the President. When committees in good faith invite an executive officer to appear before them and inform them in reference to certain matters of administration there is no harm done, but if the executive department should impose itself upon the committees there would be encroachment.

Succession to the Presidency. A vacancy in the office of President may occur by the death, impeachment or resignation of the incumbent, or by his inability to discharge the duties of his office. The Constitution provides a VicePresident (88) to succeed in the case of a vacancy. If for any reason neither President not Vice-President can serve, an officer designated by Congress (89) succeeds to the Presidency. Under the presidential succession act of 1886 it is provided that members of the President's cabinet shall succeed to the Presidency in the following order: (1) The Secretary of State, (2) the Secretary of the Treasury, (3) the Secretary of War, (4) the Attorneygeneral, (5) the Post-master-general, (6) the Secretary of the Navy, (7) the Secretary of the Interior. The one succeeding to the Presidency serves for the remainder of the

four years, but any one thus succeeding must have the constitutional qualifications.

Thus far in our history the only officer who has been called upon to fill a vacancy in the Presidency has been a Vice-President. Five times such a succession has occurred, the vacancy each time being caused by death. The office of Vice-President is, therefore, one of great potential importance. In selecting a Vice-President we ought to be almost as careful as we are when we select a President. A party convention, when nominating a candidate for the Vice-Presidency, should keep in mind the interests of the country as well as the interests of a party and refuse to name as candidate for Vice-President any man who would not be likely to acquit himself well in the presidential chair.

The President as a Political Personality. The President is the most commanding political personage in the United States. He is not only the fountain of executive energy, he is also the representative of a great people. He reflects the ideals and aspirations and attributes of the American electorate. If the electorate should become vainglorious and selfish and low in its standard of morality, it might place in the presidential chair a man like unto itself. To the honor of our democracy only pure and honest men have been elected to the Presidency, and to the honor of party management no low or vile man has ever been named as a presidential candidate. Voters ought to demand that this high level of personal character in presidential aspirants be maintained. The Presidency under the Constitution is attainable by any natural born citizen (86), but no citizen of smirched reputation or base character should feel that it is within the range of possibility for him to become President. The saneness and goodness of democracy will be assured only so long as it refuses to ally itself with evil-evil men or evil policies.

QUESTIONS ON THE TEXT

1. What methods of electing the President were suggested in the Convention of 1787? Explain the method which was adopted.

2. What were the defects of the original method of electing the President? 01: may

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3. In what ways may presidential electors be chosen? Why has the present method been adopted in all the States?

4. What are the constitutional powers and duties of the President? What is his greatest duty?

5. Give an account of the share the President has in law-making. 6. In what way, other than constitutional, may the President influence Congress?

7. How is a successor to the Presidency provided?

8. Why should the personality of the President be above reproach?

SUGGESTIVE QUESTIONS AND EXERCISES

1. Examine the Constitution for answers to the following questions: What is the length of the President's term of office (79) What are his qualifications as to residence, citizenship, and age (86)? If neither President nor Vice-President can serve, how is the office of President filled (89)? Can a President have his salary increased (90)? What is the President's oath of office (91)?

2. Many people think that the President should be elected for a term of six years, and that he should be ineligible for a second term. Discuss this.

3. What are the qualifications for the office of Vice-President? What are the duties of the Vice-President?

4. Name the qualities which should be found in a President. Name the four Presidents who have been the highest embodiment of these qualities.

5. How many Presidents have been elected a second time. Have the second administrations of Presidents generally been successful?

6. Is the pardoning power a judicial or an executive function? Is the veto power a legislative or an executive function?

7. Prepare a five-minute paper on "Federal Impeachments."' Woodburn, "American Republic," 231-241; Callahan, "Impeachments," in Encyclopedia Americana under article "United States."' 8. What Vice-Presidents have succeeded to the Presidency? these how many were especially fitted for the higher position?

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